Regulations on the processing and protection of personal data in personal databases owned by the seller
Content
1. General concepts and scope of application
2. List of personal databases
3. Purpose of personal data processing
4. Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data
5. The location of the personal database
6. Terms of disclosure of information about personal data to third parties
7. Protection of personal data: methods of protection, the responsible person, employees who directly process and/or have access to personal data in connection with the performance of their official duties, the period of storage of personal data
8. Rights of the subject of personal data
9. The procedure for handling requests of the subject of personal data
10. State registration of the personal database
1. General concepts and scope of application
1.1. Definition of terms:
personal database — a named set of organized personal data in electronic form and/or in the form of personal data files;
responsible person — a designated person who organizes work related to the protection of personal data during their processing, in accordance with the law;
the owner of the personal database is a natural or legal person who is granted the right to process this data by law or with the consent of the subject of personal data, who approves the purpose of processing personal data in this database, establishes the composition of this data and the procedures for its processing, unless otherwise determined by law;
The State Register of Personal Data Bases is a single state information system for collecting, accumulating and processing information on registered personal databases;
publicly available sources of personal data — directories, address books, registers, lists, catalogs, other systematized collections of open information, which contain personal data, placed and published with the knowledge of the subject of personal data. Social networks and Internet resources in which the subject of personal data leaves their personal data are not considered public sources of personal data (unless the subject of personal data expressly states that the personal data is posted for the purpose of their free distribution and use);
consent of the subject of personal data — any documented, voluntary expression of will of a natural person regarding the granting of permission for the processing of his personal data in accordance with the formulated purpose of their processing;
depersonalization of personal data — removal of information that allows identification of a person;
processing of personal data — any action or set of actions performed in whole or in part in the information (automated) system and/or in personal data files, which are related to the collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (distribution, implementation, transfer), depersonalization, destruction of information about a natural person;
personal data — information or a set of information about a natural person who is identified or can be specifically identified;
the manager of the personal database is a natural or legal person who is authorized to process this data by the owner of the personal database or by law. A person who is instructed by the owner and/or manager of the personal database to carry out technical work with the personal database without access to the content of personal data is not a manager of the personal database;
the subject of personal data is a natural person whose personal data is processed in accordance with the law;
third party — any person, except for the subject of personal data, the owner or manager of the personal database and the authorized state body for the protection of personal data, to whom the owner or manager of the personal database transfers personal data in accordance with the law;
special categories of data — personal data about racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to health or sex life.
1.2. This Regulation is mandatory for application by the responsible person and employees of the seller who directly process and/or have access to personal data in connection with the performance of their official duties.
2. List of personal databases
2.1. The seller is the owner of the following personal databases:
Database of personal data of counterparties.
3. Purpose of personal data processing
3.1. The purpose of processing personal data in the system is to ensure the implementation of civil legal relations, provision, receipt and settlement of purchased goods and services in accordance with the Tax Code of Ukraine, the Law of Ukraine "On Accounting and Financial Reporting in Ukraine”.
4. The procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data
4.1. The consent of the subject of personal data must be a voluntary expression of the individual's will to grant permission for the processing of his personal data in accordance with the formulated purpose of their processing.
4.2. The consent of the subject of personal data can be given in the following forms:
A document on a paper medium with requisites, which makes it possible to identify this document and a natural person;
an electronic document, which must contain mandatory details that allow identification of this document and a natural person. It is expedient to certify the voluntary expression of the will of a natural person regarding the granting of permission for the processing of his personal data with the electronic signature of the subject of personal data;
a note on an electronic page of a document or in an electronic file processed in an information system based on documented software and technical solutions.
4.3. The consent of the subject of personal data is given during the registration of civil legal relations in accordance with the current legislation.
4.4. The notification of the subject of personal data about the inclusion of his personal data in the personal database, the rights defined by the Law of Ukraine “On the Protection of Personal Data”, the purpose of data collection and the persons to whom his personal data is transferred is carried out during the registration of civil legal relations in accordance with the current legislation.
4.5. The processing of personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to health or sexual life (special categories of data) is prohibited.
5. Location of the personal database
5.1. The personal database specified in section 2 of this Regulation is located at the address of the seller.
6. Terms of disclosure of personal data to third parties
6.1. The procedure for access to personal data of third parties is determined by the terms of the consent of the subject of personal data, given by the owner of personal data to the processing of this data, or in accordance with the requirements of the law.
6.2. Access to personal data is not granted to a third party if the specified person refuses to undertake obligations to ensure compliance with the requirements of the Law of Ukraine “On the Protection of Personal Data” or is unable to ensure them.
6.3. The subject of relations related to personal data submits a request for access (hereinafter — a request) to personal data to the owner of personal data.
6.4. The request states:
Surname, first name and patronymic, place of residence (place of stay) and details of the document certifying the natural person submitting the request (for a natural person, the applicant);
name, location of the legal entity submitting the request, position, surname, first name and patronymic of the person certifying the request; confirmation that the content of the request corresponds to the authority of the legal entity (for a legal entity, the applicant);
surname, first name and patronymic, as well as other information that makes it possible to identify the natural person in respect of whom the request is made;
information about the personal database in respect of which the request is submitted, or information about the owner or administrator of this personal database;
list of requested personal data;
the purpose and/or legal basis for the request.
6.5. The term of examining the request for its satisfaction cannot exceed ten working days from the date of its receipt. During this period, the owner of the personal database informs the person who submits the request that the request will be satisfied or that the relevant personal data are not subject to provision, indicating the grounds defined in the relevant regulatory legal act. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.
6.6. Delaying access to personal data of third parties is allowed if the necessary data cannot be provided within thirty calendar days from the date of receipt of the request. At the same time, the total term for solving the issues raised in the request cannot exceed forty-five calendar days.
6.7. The notice of postponement is brought to the attention of the third party who submitted the request in writing with an explanation of the procedure for appealing such a decision.
6.8. The notice of postponement states:
Surname, first name and patronymic of the official;
the date of sending the message;
the reason for the delay;
the period during which the request will be granted.
6.9. Denial of access to personal data is permitted if access to it is prohibited by law.
6.10. The rejection notice states:
Last name, first name, patronymic of the official denying access;
the date of sending the message;
reason for refusal.
6.11. The decision to delay or deny access to personal data may be appealed to the court.
7. Protection of personal data: methods of protection, the responsible person, employees who directly process and/or have access to personal data in connection with the performance of their official duties, the period of storage of personal data
7.1. The owner of the personal database is equipped with system and software-technical means and means of communication that prevent loss, theft, unauthorized destruction, distortion, forgery, copying of information and meet the requirements of international and national standards.
7.2. The responsible person organizes the work related to the protection of personal data during their processing, in accordance with the law. The responsible person is determined by the order of the Owner of the personal database.
The duties of the responsible person regarding the organization of work related to the protection of personal data during their processing are specified in the job description.
7.3. The responsible person is obliged to:
Know the legislation of Ukraine in the field of personal data protection;
develop procedures for access to personal data of employees in accordance with their professional or official or labor duties;
to ensure that the employees of the Owner of the personal database comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the Owner of the personal database regarding the processing and protection of personal data in personal databases;
develop a procedure (procedure) for internal control over compliance with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the Owner of the personal database regarding the processing and protection of personal data in personal databases, which, in particular, should contain norms regarding the periodicity of such control;
to inform the Owner of the personal database about the facts of violations by employees of the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the Owner of the personal database regarding the processing and protection of personal data in the personal databases no later than one working day from the moment of detection of such violations ;
to ensure the storage of documents confirming the provision by the subject of personal data of consent to the processing of his personal data and notification of the specified subject about his rights.
7.4. In order to fulfill his duties, the responsible person has the right to:
Receive the necessary documents, including orders and other administrative documents issued by the Owner of the personal database, related to the processing of personal data;
make copies of received documents, including copies of files, any records stored in local computer networks and autonomous computer systems;
to participate in the discussion of the duties performed by him in the organization of work related to the protection of personal data during their processing;
submit for consideration proposals for improving activities and improving work methods, submit comments and options for eliminating identified deficiencies in the process of personal data processing;
to receive explanations on the processing of personal data;
to sign and certify documents within their competence.
7.5. Employees who directly process and/or have access to personal data in connection with the performance of their official (labor) duties are obliged to comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents, regarding the processing and protection of personal data in personal databases.
7.6. Employees who have access to personal data, including those who process it, are obliged not to allow the disclosure in any way of personal data entrusted to them or which became known in connection with the performance of professional or official or labor duties of the Such an obligation is valid after they stop their activities related to personal data, except for cases established by law.
7.7. Persons who have access to personal data, including those who process it in case of violation of the requirements of the Law of Ukraine "On the Protection of Personal Data", are responsible in accordance with the legislation of Ukraine.
7.8. Personal data must not be stored longer than necessary for the purpose for which such data is stored, but in any case not longer than the data storage period determined by the consent of the subject of personal data to the processing of this data.
8. Rights of the subject of personal data
8.1. The subject of personal data has the right:
To know the location of the personal database that contains his personal data, its purpose and name, the location and/or place of residence (residence) of the owner or manager of this database or to give the appropriate instructions for obtaining this information to persons authorized by him, except for cases established by law;
to receive information about the conditions for providing access to personal data, in particular information about third parties to whom his personal data contained in the relevant personal database are transferred;
to access your personal data contained in the relevant personal database;
to receive no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, an answer on whether his personal data is stored in the relevant personal data database, as well as to receive the contents of his personal data that are stored;
submit a reasoned demand with an objection to the processing of your personal data by state authorities, local self-government bodies in the exercise of their powers provided for by law;
make a reasoned demand for the change or destruction of your personal data by any owner and administrator of this database, if these data are processed illegally or are unreliable;
to protect your personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of them, as well as protection from providing information that is unreliable or disgraces the honor, dignity and business reputation of a natural person ;
to apply for the protection of one's rights regarding personal data to state authorities, local self-government bodies, whose powers include the protection of personal data;
apply legal remedies in case of violation of the legislation on the protection of personal data.
9. Procedure for handling requests of the subject of personal data
9.1. The subject of personal data has the right to receive any information about himself from any subject of relations related to personal data, without specifying the purpose of the request, except for cases established by law.
9.2. Access of the subject of personal data to personal data is free of charge.
9.3. The subject of personal data submits a request for access (hereinafter - request) to personal data to the owner of the personal database.
The request states:
Surname, name and patronymic, place of residence (place of stay) and details of the document certifying the identity of the subject of personal data;
other information that makes it possible to identify the person of the subject of personal data;
information about the database of personal data, in relation to which the request is submitted, or information about the owner or manager of this database;
list of requested personal data.
9.4. The term of examining the request for its satisfaction cannot exceed ten working days from the date of its receipt. During this period, the owner of the personal database shall notify the subject of personal data that the request will be satisfied or that the relevant personal data shall not be provided, indicating the grounds specified in the relevant regulatory legal act.
9.5. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.
10. State registration of the personal database
10.1. State registration of personal databases is carried out in accordance with Article 9 of the Law of Ukraine "On Personal Data Protection".
Exchange and return
By the current legislation, the goods purchased in our online store “The Christmas Stories” are subject to exchange or return within 14 days from the date of purchase, provided that their presentation and integrity are preserved.
The online store “ The Christmas Stories" is not responsible for the delay in the delivery of goods related to the work of Nova Poshta.
Be sure to check the goods upon receipt, because it is sent of proper quality and in case of damage during transportation, the cost of the goods should be reimbursed by Nova Poshta.